California’s Wage Theft Prevention Act requires employers to provide most employees with written notice of their compensation and certain rights under the Labor Code. Here are five steps employers can take to ensure compliance with the notice requirements.
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Hands Off My Wages! Five Steps Employers Can Take to Comply With the Notice Requirements of California’s Wage Theft Protection Act Posted on: November 09, 2020 In: Labor & Employment
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California “Propositions” to Re-Implement Affirmative Action in Public Sector Hiring: What Employers Need to Know Posted on: October 23, 2020 In: Labor & Employment
On the upcoming November 3, 2020 ballot, Proposition 16 proposes to amend the California Constitution to allow public sector employers to consider race, sex, color, ethnicity, or national origin in hiring decisions. This proposition comes on the heels of the recent protests against police brutality and is thought to promote diversity in the workplace, which will in turn reduce adverse treatment of minorities in local communities.
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California Seeks to Heal HIPAA & CCPA Divisions with AB 713 Posted on: October 19, 2020 In: Data Privacy & Cybersecurity
On September 5, 2020 the California legislature passed AB 713, amending the California Consumer Privacy Act (CCPA). The bill alleviates some of the burdens imposed on medical research and healthcare operations by the CCPA, and imposes new requirements and restrictions on businesses that sell or disclose de-identified health data. The bill also contains an emergency clause enabling it to take effect immediately upon the governor's approval.
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Domestic Workers in California Will Not Receive OSHA Protections Posted on: October 14, 2020 In: Labor & Employment
Last month, California Governor Gavin Newsom vetoed Senate Bill 1257, which had been passed by the California legislature to provide protections to household domestic service workers. The bill sought to delete the household domestic services exception to Labor Code section 6303, which requires employers to comply with California Division of Occupational Safety and Health Act (Cal/OSHA) standards for working conditions.
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Legislative Alert: California Passes Genetic Information Privacy Act Posted on: September 24, 2020 In: Data Privacy & Cybersecurity
On August 31, 2020, the California Senate passed SB 980, establishing the Genetic Information Privacy Act, which would require direct-to-consumer genetic testing companies to comply with certain privacy and data security provisions. Whether the Act is ultimately signed into law and made a part of the California privacy landscape remains to be seen. Yet it is the latest effort by The Golden State to impose additional data privacy restrictions and extend rights to consumers concerning personal information.
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California Legislature Extends CCPA Exemptions for Employees’ Personal Information & “Business-to-Business” Exchanges to 2022 Posted on: September 24, 2020 In: Data Privacy & Cybersecurity
But for limited exemptions added to the California Consumer Privacy Act (CCPA) last year, personal information exchanged in the employment context, and personal information collected through “business-to-business” exchanges, would be subject to all requirements of the CCPA. Those exemptions were set to expire next year. However, the California legislature has recently voted, through Assembly Bill 1281, to extend the exemptions until January 1, 2022.
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Fictitious Business Names on Wage Statements: An Invitation for Penalties in California Posted on: June 30, 2020 In: Labor & Employment
Complying with California law on wage statements can be tricky for employers. Pursuant to Labor Code Section 226(a)(8), wage statements must identify the employer’s legal name. An employer can comply with this requirement by listing either the legal entity name or a registered fictitious business name (dba) on the wage statement. Failing to do so can expose employers to extensive liability on a class-wide basis through a class action or Private Attorney General Act (PAGA) representative action.
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A Quick Checklist for Navigating Requests for Paternity Leave in California Posted on: June 11, 2020 In: Labor & Employment
Employers commonly process requests from expecting mothers for maternity leave. However, when it comes to welcoming a new baby, it’s all hands on deck. As such, it is important for companies to be knowledgeable about the different types of leave that may apply to expecting fathers.
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California AG Submits CCPA Regulations for Final Approval, Paving the Way Toward Enforcement Posted on: June 03, 2020 In: Data Privacy & Cybersecurity
On Monday, June 1, 2020, the California Attorney General’s Office announced that it had submitted the final version of its proposed regulations under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL) for review and approval.
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AB 2355 Aims to Make Medical Cannabis Users a Protected Class in California Posted on: March 27, 2020 In: Labor & Employment
California Assembly Member Rob Bonta recently introduced Assembly Bill 2355 (AB 2355), which, if enacted, would make medical cannabis users a protected class in California. California was the first state to legalize medical cannabis in 1996, but AB 2355 is not the first legislation of its kind.
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What Exactly is “Associational Race Discrimination” under the FEHA? Posted on: January 07, 2020 In: Labor & Employment
In California, the Fair Employment and Housing Act (FEHA) prohibits discrimination based on race, national origin, religion, age, disability, sex and gender, among other categories. In addition, the FEHA provides an express cause of action for discrimination based on association with individuals in a category protected by the Act. These types of claims primarily arise in the context of disability discrimination.
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California Temporarily Eases Burden of CCPA Compliance for Employers Posted on: December 05, 2019 In: Labor & Employment
In October, California Governor Gavin Newsom signed into law Assembly Bill 25 (AB 25), which temporarily eases the burden imposed on employers by the sweeping California Consumer Privacy Act of 2018.
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